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Date: Wed, 11 Jun 2003 15:51:00 -0500
From: Eli Carter <eli.carter@inet.com>
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To: Filip Van Raemdonck <filipvr@xs4all.be>
CC: Linux Kernel Mailing List <linux-kernel@vger.kernel.org>
Subject: Re: "any third party" (Re: Linksys WRT54G and the GPL)
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Filip Van Raemdonck wrote:
> On Wed, Jun 11, 2003 at 01:12:59PM -0700, David Schwartz wrote:
> 
>>Adrian Bunk wrote:
>>
>>>On Wed, Jun 11, 2003 at 10:39:36AM -0700, Randolph Bentson wrote:
>>>
>>>>If the distributor elects to distribute the object code or executable
>>>>form under clause 3b, one might reasonably argue that the distributor
>>>>need only distribute the source to those third parties in possession
>>>>of the written offer which must be included.  Others may argue that
>>>
>>>"Accompany it with a written offer, ..., to give any third party, ..., a
>>>complete machine-readable copy of the corresponding source code..."
>>>
>>>This is non-ambiguous. You might _not_ "reasonably argue" about it, the
>>>"any third party" leaves no room for other interpretations.
>>
>>	Think about this logically. Suppose a company releases a product and
>>(maybe) accompanies it with such a written offer (I mean, how could you know
>>for sure if you hadn't seen it?). You call the company up to try to enforce
>>the offer. They say, "What offer?" You say, "the written offer that
>>accompanied some copies of your product." You can't cite the text of the
>>written offer, you can't specify any specific person they made the offer to.
> 
> <snip>
> 
>>Why specify a written offer if it just meant that you had to offer it?
> 
> 
> Because:
> 
> http://www.gnu.org/licenses/gpl-faq.html#TOCWhatDoesWrittenOfferValid

So you have to have a copy of the written offer to request the source 
code.  Anyone who gives out the binary must also give out that same 
written offer, so you may have sold it to Anne, who gave it to Bob, who 
gave it to Charles, who came to you with the written offer.  You would 
be required to give Charles the source code.  If Anne also came with the 
written offer, you'd give it to her as well.  But you would not have to 
give it to Diane if she does not have the written offer.

Eli
--------------------. "If it ain't broke now,
Eli Carter           \                  it will be soon." -- crypto-gram
eli.carter(a)inet.com `-------------------------------------------------